01-The Judicial Power

●   Article III

●  Federal Courts have judicial power over all "cases and controversies":

●  Arising under the Constitution, laws, or treaties of the United States

●  Of admiralty and maritime jurisdiction

●  In which the United States is a Party

●  Between two or more States

●  Between a state and citizens of another state

●  Between citizens of different states

●  Between citizens of the same state claiming lands under grants of different states

●  Between a state or citizens thereof and foreign states, citizens, or subject

●   Federal Courts

●  Article III Courts

●  The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior Courts as the Congress may from time to times ordain and establish.

●  Article I Courts

●  Section 8

●   To constitute Tribunals inferior to the Supreme Court

●   United States Tax Court

●   courts of District of Columbia

●  Differences between Article I Courts and Article III Courts

●   life tenure of judges and protection from salary decrease

●   administrative and judicial function

●   Jurisdiction of the Supreme Court

●  Original (trial) Jurisdiction

●  Under Article III, Section 2, the Supreme Court has original jurisdiction "in all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party."

●  Appellate Jurisdiction

●  Article III, Section 2 further provides that in all other cases before mentioned [i. e., arising under the Constitution, Act of Congress, or treaty], the Supreme Court shall have appellate jurisdiction.

●   Constitutional and Self-Imposed Limitations on Exercise of Federal Jurisdiction - policy of "Strict Necessity"

●  No Advisory

●  The Supreme Court's interpretation of the "case and controversy" requirement in Article III bars rendition of "advisory" opinion.

●  Ripeness-immediate Threat of Harm

●  A federal court will not hear a case unless the plaintiff has been harmed or there is an immediate threat of harm.

●  Mootness

●  A federal court will not hear a case that has become moot.

●  Standing

●  A plaintiff will be able to show a sufficient stake in the controversy only if he can show an injury in fact - caused by the government.

●   Injury

●   Causation

●   Redressability

●  Adequate and Independent State Grounds

●  The Supreme Court will hear a case from a state court only if the state court judgment turned on federal grounds.

●   The nonfederal grounds must be "adequate" and "independent"

●  Abstention

●  Unsettled State Law

●  Pending State Proceedings

●  Eleventh Amendment Limits on Federal Courts

●  The Eleventh Amendment is a jurisdictional bar that modifies the judicial power by prohibiting a federal court from hearing a private party's or foreign government's claims against a state government.

●   What Is Barred?

●   What Is Not Barred?

●   Exceptions to Eleventh Amendment